Lopez v. State

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At issue was whether victim impact evidence in the form of a video displaying more than one hundred photographs of Defendant’s victims, with accompanying music, is permissible at a sentencing hearing. Defendant entered an Alford plea to two counts of first-degree murder, one count of robbery, and one count of child kidnapping. During sentencing, Defendant moved to exclude a video with approximately 115 photographs of the two victims set to background music. The sentencing judge allowed the video to be played. The Court of Appeals held that showing the video at the sentencing hearing did not violate Defendant’s constitutional rights. Specifically, the Court held (1) a sentencing judge has discretion to permit any additional form of victim impact evidence outside the constraints of Md. Code Ann. Crim. Proc. (“CP”) 11-402 and CP 11-403; (2) all prepared victim impact evidence, not including victim impact testimony, must be limited to the content prescribed under CP 11-402(e); (3) the Eighth Amendment does not prohibit a sentencing judge from considering victim impact evidence at a defendant’s noncapital sentencing proceeding; and (4) Defendant’s Fourteenth Amendment due process rights were not violated because the disputed victim impact evidence did not inflame the passions of the sentencing judge more than the facts of the crime. View "Lopez v. State" on Justia Law